Arizona is a pure comparative negligence state, which means you can pursue a diminished value claim even if you were partially at fault for the accident. Your recovery is reduced by your percentage of fault, but it is not eliminated. For example, if you were found 20% at fault and your diminished value is $5,000, you can still recover $4,000 (80% of the total). Even if you were 50% or 60% at fault, you are still entitled to the remaining percentage of your DV claim.
This is a critical distinction that many Arizona drivers don't understand. In some states, being even slightly at fault bars you from recovering any diminished value. Arizona's comparative negligence system is much more favorable to claimants. The key is accurately establishing the fault percentages — which is typically done through the police report, witness statements, and the insurance companies' liability investigations. Insurance companies may try to assign you more fault than warranted to reduce your DV payout, so having the facts documented is important.
Orlando Auto Body's free $450 Diminished Value Appraisal Packet documents the full diminished value of your vehicle, regardless of fault allocation. The fault percentage is then applied to determine your actual recovery. Even at reduced percentages, DV claims are often worth pursuing — a 60% recovery of $5,000 is still $3,000 in your pocket. If you were involved in an accident where fault is shared, call us today for a free assessment. Partial fault does not mean zero recovery in Arizona.